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HomeMy WebLinkAbout04-3303CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL COVER SHEET Docket No.O¢- 3303 I. Plaintiff: Danielle P. Zoller, Pro Se 609 B Geneva Drive, Apt. 27 Mechanicsburg, PA 17055 Ii. MANDATORY ARBITRATION Does this fall under the mandatory arbitration requirements per Local Rule 1301 ? No IV. CAUSE OF ACTION Defendant: lan J. Zoller, Pro Se 421 Sixth Street, Apt. 2 New Cumberland, PA 17070 IlL ALTERNATE DISPUTE RESOLUTION REQUESTED Summary Jury Trial Other: See "Guide to Alternate Dispute Resolution Programs" Published by the Columbia County Bar Association. Divorce under Section 3301 (c) of the Divorce Code V. GENERAL NATURE OF SUIT CONTRACT lnsllrance PA Bond Collection Suits Construction Other-List in IV above REAL PROPERTY Condenmation Foreclosure Landlord & Tenant Partition Mechan/cs' Lien Environment Other - List in IV above Address of Property (a) Is this an equity case? No VI. ORIGIN (Mark only I) PERSONAL INJURY Motor Vehicle __ Product L/ability __ Medical Malpractice Other Prof. Liability Intentional Premises Other-List in IV above PRISONER PETITIONS Habeas Corpus Mandamus Other - list in IV above LABOR DOMESTIC RELATIONS X Divorce Protection from Abuse Custody/Visitation Other - List in 1V above Support OTHER STATUTES Zoning Appeal School Board Appeal License Suspension Appeal __ Assessment Appeal Other- List in IV above TAX LIEN & TAX MATTERS OTHER List in IV above (b) Does it involve a governmental body? No x~l Original ~2 Removed from ~ Confessed Complaint Federal Court Judgments of Writ by Complaint or Praecipe VII. REOUESTED IN COMPLAINT (a) Is this a CLASS ACTION NO (c) Amount demanded in complaint VIIL RELATED CASE(S) IF ANY JUDGE __4 Transferred __5 Appeal __6 Appeal to __7 Foreign From Another From Com~ from Judgment District or Govt. District County Agency Justice Judgment (b) Circle YES only if jury demanded in compla/nt: JURY DEMAND: YES or NO Will you accept 6 jurors? YES or NO DOCKET NUMBER Case Caption Danielle P. Zoller, 609 B Geneva Drive, Apt. 27 Mechanicsburg, PA 17055 PLAINTIFF, Ian J. Zoller, 421 Sixth Street, Apt. 2 New Cumberland, PA 17070 DEFENDANT, (IN THE COURT OF COMMON PLEAS OF ICUMBERLAND COU-NTY, PENNSYLVANIA ( (CIVIL DIVISION (No: ( ( ( NON-MILITARY AFFIDAVIT I, Danielle P. Zoller, do hereby certify that: 1. I am the Plaintiff in the above entitled civil action. 2. I am personally acquainted with lan J. Zoller, Defendant herein, and I know that he resides at 421 Sixth Street, Apt. 2, New Cumberland, Pennsylvania, 17070, and that he is employed by UPS. I have seen the Defendant on an average of ~ times during the pendency of this action. 3. The Defendant is not in the Military Service of the United States. 4. I certify that the statements made by me in the foregoing Certification are tree. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. Date: DanVille P Zoller, Pro S I, Danielle P. Zoller, certify that a copy of the foregoing Non-Military Affidavit has been for, varded on this date by US Mail, postage prepaid, to the Defendant, lan J. Zoller, at his address of record. ~..~! Date: Danielle P. Zoller Danielle P. Zoller, 609 B Geneva Drive, Apt. 27 Mechanicsburg, PA 17055 PLAINTIFF, V. Ian J. Zoller, 421 Sixth Street, Apt. 2 New Cumberland, PA 17070 DEFENDANT, (IN THE COURT OF COMMON PLEAS OF ( (CUMBERLAND COUNTY, PENNSYLVANIA ( (CIVIL DIVISION ( 5o3 ( ( ( AFFIDAVIT OF SERVICE PLAINTIFF, Danielle P. Zoller, of the Commonwealth of Pennsylvania, hereby affirms the following statement under penalty of perjury: 1. I am the plaintiff in this action, I hereby certify that on7/i~//j?t~ , I caused a copy of the attached: Complaint in Divorce, Notice to Defend and Claim Rights, and Non-Military Affidavit to be served upon Defendant lan J. Zoller 421 Sixth Street, Apt. 2 New Cumberland, PA 17070 by depositing a true copy of the same enclosed in a post-paid addressed envelope, by certified mail, in a depository under the exclusive care and custody of the U.S. Postal Service within the Commonwealth of Pennsylvania. 2. I certify that the signature on the attached certified mail green receipt card, received back from the United States Postal Service, is known to be the Defendant's, lan J. Zoller. Danielle P. Zoller, Plaintiff, Pro Se ?003 2260~B1~-' ~710 ~804 Postage & Fees Sender: Please print your name, address, and ZIP+4 in thisb~x. Danielle P. Zoller, 609 B Geneva Drive, Apt. 27 Mechanicsburg, PA 17055 PLAINTIFF, V. Ian J. Zoller, 421 Sixth Street, Apt. 2 New Cumberland, PA 17070 DEFENDANT, (IN THE COURT OF COMMON PLEAS OF ( (CUMBERLAND COUNTY, PENNSYLVANIA ( (CIVIL DIVISION ( (NO: %:1 ( ( ( NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIM SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE PROMPT ACTION. YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A DECREE OF DIVORCE OR ANNULMENT MAY BE ENTERED AGAINST YOU BY THE COURT. A JUDGMENT MAY ALSO BE ENTERED AGAINST YOU FOR ANY OTHER CLAIM OR RELIEF REQUESTED IN THESE PAPERS BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU, INCLUDING CUSTODY OR VISITATION OF YOUR CHILDREN. WHEN THE GROUND FOR THE DIVORCE ARE INDIGNITIES OR IRRETRIEVABLE BREAKDOWN OF THE MARRIAGE, YOU MAY REQUEST MARRIAGE COUNSELING. A LIST OF MARRIAGE COUNSELORS IS AVAILABLE IN THE OFFICE OF THE PROTHONOTARY AT 1 COURTHOUSE SQUARE, CARLISLE, PENNSYLVANIA, 17013. THE TELEPHONE NUMBER IS (717) 240-6195. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES, OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE TIlIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT IlAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPItONE TIlE OFFICE SET FORTII BELOW TO FIND OUT WtIERE YOU CAN GET LEGAL IlELP. LAWYERS REFERRAL SERVICE 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 609 B Geneva Drive, Apt. 27 Mechanicsburg, PA 17055 (717) 433-4033 Danielle P, Zoller, 609 B Geneva Drive, Apt. 27 Mechanicsburg, PA 17055 PLAINTIFF, V. Ian J. Zoller, 421 Sixth Street, Apt. 2 New Cumberland, PA 17070 DEFENDANT, (IN THE COURT OF COMMON PLEAS OF ( (CUMBERLAND COUNTY, PENNSYLVANIA ( (CIVIL DIVISION ( o o: oq - %.wo3 ( ( ( COMPLAINT IN DIVORCE AND NOW COMES the Plaintiff, Danielle P. Zoller, by FILING PRO SE, who files this Complaint in Divorce a statement of which is as follows: 1. The Plaintiff is Danielle P. Zoller, an adult individual currently residing at 609 B Geneva Drive, Apt. 27, Mechanicsburg, County of Cumberland, Pennsylvania, 17055. 2. The Defendant is lan J. Zoller, an adult individual currently residing at 421 Sixth Street, Apt. 2, New Cumberland, County of Cumberland, Pennsylvania, 17070. The Defendant has been a bona fide resident of the Commonwealth of Pennsylvania for a period of approximately three (3) years. 4. The Plaintiff and Defendant were married on July 27, 2002 in Genesee in the State of New York. 5. No children were bom or adopted of this marriage, and Plaintiff is not now pregnant. 6. Neither party is a member of any branch of the military. 7. There have been no prior actions of divorce or annulment between the parties. 8. The Plaintiffrequests to be restored to her maiden name of Danielle P. Metzger. 9. The marriage is irretrievably broken. 10. Plaintiffhas been advised of the availability of counseling and that Plaintiffmay have the right to request that the court require the parties to participate in counseling. WHEREFORE, the Plaintiff, Danielle P. Zoller respectfully requests this Honorable Court to grant this divorce pursuant to Section 3301 ( c ). Respectfully submitted: Danielle P. Zoller, Pro Se 609 B Geneva Drive, Apt. 27 Mechanicsburg, Pennsylvania 17055 (717) 433 -4033 I verify that the statements made in the Complaint are true and correct. I understand that false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Danielle P. Zoller, Pro Se Danielle P. Zoller, Ian J. Zoller, PLAiNTIFF, DEFENDANT, (iN THE COURT OF COMMON PLEAS OF ( (CUMBERLAND COUNTY, PENNSYLVANIA ( (CIVIL DIVISION ( (NO: AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF CUMBERLAND ) Before me, the subscriber, a Notary Public in and for said Commonwealth and County, personally appeared Danielle P. Zoller, who being duly sworn according to law, deposes and says that the facts contained within the foregoing Complaint in Divorce are true and correct to the best of her knowledge, information, and belief, and that she is authorized to make this Affidavit. Danielle P. Zoller, Pro Se Swom to and subscribed before me this Notary Public Dayof ~'~ , 200'4 Danielle P. Zoller, 609 B Geneva Drive, Apt. 27 Mechanicsburg, PA 17055 PLAINTIFF, lan J. Zoller, 421 Sixth Street, Apt. 2 New Cumberland, PA 17070 DEFENDANT, (IN THE COURT OF COMMON PLEAS OF ICUMBERLAND COLINTY, PENNSYLVANIA ( (CIVIL DIVISION ( 0 o: ( ( ( ACKNOWLEDGMENT A complaint in Divorce under Section 3301(c) of the Divorce Code was filed o.n -lU. lu ~q~' , 200.~L. i agree that the marriage of the Plaintiff and Def,en.d.ant~,s, · etri~,abl[ broken and ninety days have elapsed from the date of filing the Comp~mm. txn ~.rr~ .. Y . .__~ ...:.~.a, ,~, ttached documentation is true and correct to the best of my knowledge, information, and belief. It is my desire to file with the Cumberland County Court of Common Pleas the attached Marital Property Settlement Agreement and to be hound fully and completely by the terms and conditions set forth within the said Marital Property Settlement Agreement d°c ,u~/~ti~,°~iA ..~' 200~ IN WITNESS WHEREOF, I set my hand and seal this SS'D day o~' ,~-~., Plaintiff, Danielle P. Zoller, Pro Se On this ~0 day, of ~., 200~ before me, a Notary Public, the undersigne, d officer, pers~n~ly appeareci Dan~lle P. Zoller, known to, me to be the person whose name ~s subscribed to the written instrument, and acknowledgea that she executed the same for the purposes therein contained. ~'~ITNESS ~,~F~REOF, I hereunto set my hand and official seal. ! Notary P~fiblic NOTARIAL SEAL PHILLIP FARABELLI, Notary Public / Lemoyne Boro, Cumberland County / My Commission Expires Feb. 6, 2006! Danielle P. Zoller, 609 B Geneva Drive, Apt. 27 Mechanicsburg, PA 17055 PLAINTIFF, Vo lan J. Zoller, 421 Sixth Street, Apt. 2 New Cumberland, PA 17070 DEFENDANT, (IN THE COURT OF COMMON PLEAS OF ~CUMBERLAND COUNTY, PENNSYLVANIA ( (CIVIL DIVISION ( (NO: oq-- 22o& ( ( ( ACKNOWLEDGMENT A complaint in Divorce under Section 3301(c) of the Divorce Code was filed on ~Jt~ti q44~ _, 200_q_. I agree that the marriage of the Plaintiff and Defendant is irrett~vably broken and ninety days have elapsed from the date of filing the Complaint. All information contained within the attached documentation is true and correct to the best of my knowledge, information, and belief. It is my desire to file with the Cumberland County Covrt of Common Pleas the attached Marital Property Settlement Agreement and to be bound fully and completely by the terms and conditions set forth within the said Marital Property Settlement Agreement documentation. IN WITNESS WHEREOF, I set my hand and seal this ._. ~ day of_~, Defendant~ij~TJ. Zoller, Pro Se V* ay, officer, p-~sonally appeared l~ J. Zoller, known to me to be the person whose name ~s subscribed to the written instrument, and acknowledged that he executed the same for the purposes therein contained. IN )gY[NESS WHEj?.EOF, I hereunto set my hand and official seal. Danielle P. Zoller, 609 B Geneva Drive, Apt. 27 Mechanicsburg, PA 17055 PLAINTIFF, lan J. Zoller, 421 Sixth Street, Apt. 2 New Cumberland, PA 17070 DEFENDANT, (IN THE COURT OF COMMON PLEAS OF ~CUMBERLAND COUNTY, PENNSYLVANIA ( (CIVIL DIVISION Oq ( ( ( MARITAL PROPERTY SETTLEMENT AGREEMENT between PLAINTIFF, Danielle P. Zoller (Wife), residing at-60~9 a Drive, Apt. 27, Mechanicsburg, PA, 17055, and DEFENDANT, lan J. Zoller (Husband), residing at 421 Sixth Street, Apt. 2, New Cumberland, PA 17070 WITNESSETH 1. The parties were married on July 27, 2002; 2. The parties filed for 3301(c) Divorce on: __~ 3. The parties hereto desire to settle their property rights; ., 200~5[; 4. Both parties agree to relinquish any and all claims which either may have against any property now owned or belonging to the other or which may hereinafter be acquired by either of them by purchase, gift, devise, bequest, inheritance, or otherwise, except as to the obligations, covenants, and agreements contained herein; and 5. Both parties have had an opportunity to seek the benefit of competent and independent legal and financial advice by separate counsel. THEREFORE, the parties, agree and stipulate at follows: 1. INCORPORATION OF RECITALS The recitals set forth above are incorporated herein as if set forth in full. 2. SEVERABILITY Each paragraph contained herein shall be determined to be a separate and independent agreement. In the event that any portion of this agreement is deemed to be illegal or unenforceable, said determination shall not affect the enforceability of any other paragraph. 3. APPLICABLE LAW Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 4. PROPERTY DIVISION A. Property to be awarded to Wife: Except as is otherwise stated herein, Wife shall retain any and all property in her possession fxee and clear of any right, title or interest of Husband. This award shall include, without limitation, the car in her possession, the bank account,'; and car insurance in her name alone and all of the personal property m her possesmon at her restdence B. Property to be awarded to Husband: Except as is otherwise stated herein, Husband shall retain any and all property in his possession free and clear of any right, title or interest of Wife. This award shall include, without limitation, the car in his possession, the bank accounts and car insurance in his name alone and all of the personal property in his possession at his residence. 5. DISTRIBUTION OF DEBT A. Wife shall pay the following debts and will not: at any time hold the Husband responsible for them: i. Any and all debts in her name alone. B. Husband shall pay the following debts and will not at any time hold Wife responsible for them: i. Any and all debts in his name alone. 6. REAL ESTATE The parties do not own any real property. 7. ALIMONY, SPOUSAL SUPPORT, AND SEPARATE EXPENSES Each party hereto waives any present and future claim to alimony, temporary alimony, and spousal support. 8. JOINT DEBTS Husband and Wife each certify that there are no joint marital obligations or individual debt, other than those listed herein. 9. CHILD CUSTODY AND SUPPORT The parties do not have any minor children. 10. DIVORCE Husband and Wife agree that the marriage is irretrievably broken and will proceed with said Divorce under 23 Pa. C.A. Section 3301(c). 11. LEGAL ADVICE Husband and Wife declare that each has had the opportunity to obtain independent legal advice by counsel of his or her own selection and to obtain financial advice, and that any failure of either party to obtain independent legal or financial advice has been of his or her own choosing and not based on any representation or suggestion to the contrary, and that each has read the stipulation and believes it to be fair, just and equitable, and that each signs the stipulation freely and voluntarily. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. Plaintiff, D~d.elle P. Zoller, Pro Se Witness Witness Def[ndan~[~. Zoller, Pr COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAN~ ) Onthis Sff~ dayof /~ ,200~beforeme, a Notary Public, the undersigned officer, personally al~eared Danielle P. Zoller, known to me to be the person whose name is subscribed to the written instrument, and acknowledges that she executed the same for the purposes therein contained. my hand and"dfficial seal. / IN WITNESS WHEREOF, I herennto set ,p~H~0'rARIAL LLIP FARASELLI, Notary Public I,,Lem_oyne Boro, Cumber?nd County COMMONWEALTH OF pENNSYLVANIA ) [ My Commission Expires Feb. 6, 201~6_J COUNTY OF CUMBERLAND ) On this ~ day of~ , 200 , before me, a Notary Public, the undersigned officer, personally a~eared lan J. Zoller, known to me to be the person whose name is subscribed to the written instrument, and acknowledges that he executed the same for the purposes therein contained. WHEREOF, I hereunto set my hand and o/~,,al seal. · ~'~ /_/~,2 ' Notary Publ~: NOTARIAL SEAL PHILLIP~FARABEI..LI, Notary Pubic Lemoyn~ ~oro Cumberland County ! My Commi :io ~ ~!:~,,-~i~ ~ %b. 6, 2006 Danielle p. Zoller, 609 B Geneva Drive, Apt. 27 Mechanicsburg, PA 17055 PLAINTIFF, V. lan J. Zoller, (NO: 421 Sixth Street, Apt. 2 ( New Cumberland, PA 17070 ( DEFENDANT, ( (IN THE COURT OF COMMON PLEAS OF ( (CUMBERLAND COUNTY, PENNSYLVANIA ( (CIVIL DIVISION' ( AFFIDAVIT OF CONSENT  complaint in Divorce under Section 3301(c) of the Divorce Code was filed on ,200~. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. I consent to the entry of a final decree of Divorce without further notice permitted by Rule 1920.42(e) by my Waiver of Notice of Intention to Request Entry of a Divorce Decree Under Section 3301 (c) of the Divorce Code. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. endant, I~oller, Pro Se I, Ian J. Zoller, certify that a copy of the foregoing Affidavit of Consent was forwarded by US Mail, postage prepaid, on this date, to the Plaintiff, Danielle p. Zoller, at her address of record. Date: t/ lan J. Zo(~ Danielle P. Zoller, 609 B Geneva Drive, Apt. 27 Mechanicsburg, PA 17055 PLAINTIFF, V. lan J. Zollcr, 2141-A North John Russell Circle Elkins Park, PA 19027 DEFENDANT, (IN THE COURT OF COMMON PLEAS OF ( (CUMBERLAND COUNTY, PENNSYLVANIA ( (CIVIL DIVISION [NO: 20Otf- 03:303 ( ( ( NOTICE OF INTENT TO FILE PRAECIPE TO TRANSMIT To. lan J. Zoller: You are hereby given notice that five days following the mailing of this notice, a Praecipe to Transmit Record, together with a proposed Final Decree in Divorce, will be filed in this matter with the Appointment Clerk's Office, 1 Courthouse Square, Carlisle, PA, 17013. Exact copies of the Praecipe and the proposed Final Decree in Divome are enclosed herewith. After the Praecipe and proposed Final Decree in Divorce are filed, you will have a period of ten days during which you may file objections to the entr.~ of the Final Decree in Divorce based upon this Praecipe. If you dispute any of the information on the Praecipe or Final Decree in Divorce, you must act within that ten-day period. Any objections must be filed in writing with the Appointment Clerk's Office, 1 Courthousc Square, Carlisle, PA, 17013. If no objections are filed before the expiration of the ten-day period, this case will be submitted to the Court for entry of the Final Decree. Date: Danielle P Zoller, Plaintiff, Pro Se 609 B Geneva Drive, Apt. 27 Mechanicsburg, Pennsylvania 17055 (717) 433-4033 Daniellc P. Zoller, 609 B Geneva Drive. Apt. 27 Mcchanicsburg, PA 17055 PLAINTIFF, V. lan J. Zoller, 2141-A North John Russell Circle ~lkins Park, PA 19027 DEFENDANT, (IN THE COURT OF COMMON PLEAS OF ( (CUMBERLAND COUNTY, PENNSYLVANIA ( (CIVIL DIVISION NO: Z00q- 3 ( ( ( WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE 'UNDER SECTION 3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce withow[ notice. I understand that I may lose fights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. I understand that I will not be divorced until a divorce decree is entered by the Court and a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: Plaintil'f~ Dan[elle P. Zollcr, Pro Se I, Danielle P. Zoller, certify that a copy of the foregoing Waiver was forwarded by US Mail, postage prepaid, on this date, to the Defendant, lal~. Zoller, at his address of record. Danielle P. Zoller Danielle P. Zoller, 609 B Geneva Drive, Apt. 27 Mechanicsburg, PA 17055 PLAINTIFF, V. Ian J. Zoller, 421 Sixth Street, Apt. 2 New Cumberland, PA 17070 DEPENDANT, (IN THE COURT OF COMMON PLEAS OF ( (CUMBERLAND COUNTY, PENNSYLVANIA ( (CIVIL DIVISION ( o o: 2 q--673o 3 ( ( ( WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose fights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Date: t~/~ f o~ Defeff~dant,, I~ Zoller, P I, Ian J. Zoller, certify that a copy of the foregoing Waiver was forwarded by US Mail, postage prepaid, on this date, to the Plaintiff, Danielle P. Zoller, aJ~er~g{tress of record. Date: ¢/~/0c/ -~~5~ -- lan J:Zoller ~ Danielle P. Zoller, 609 B Geneva Drive, Apt. 27 Mechanicsburg, PA 17055 PLAINTIFF, V. lan J. Zoller, 2141-A North John Russell Circle Elkins Park, PA 19027 (IN THE COURT OF COMMON PLEAS OF ( (CUMBERLAND COUNTY, PENNSYLVANIA ( (CIVIL DIVISION ( ( DEFENDANT, ( CERTIFICATE OF ADDRESS Please serve a copy of the signed Divorce Decree in t]he above captioned matter to the following: Plaintiff (Address) Danielle P. Zollcr 609 B Geneva Drive, Apt. 27 Mechanicsburg, PA 17055 (Name) Defendant (Address) lan J. Zoller 2141-A North John Russcll Circlc Elkins Park, PA 19027 Danielle P. Zoller, Plaintiff, Pro Se DANIELLE P. ZOLLER, PLAINTIFF : IN THE COURT Of COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA lAN J. ZOLLER, DEFENDANT AND NOW, this entry of a decree in divorce at this time, IS DENIED.~ By th/e~ourt, Edgar 13. Bayl ,~.~"' ":~ ~vle~': : 04-3303 CIVIL TERM ORDER OF COURT ~ day of September, 2004, the request for the JDanielle P. Zoller, Pro se 609 B Geneva Drive, Apt. 27 Mechanicsburg, PA 17055 ,/~an J. Zoller, Pro se 2141-A North John Russell Circle Elkins Park, PA 19027 :sal ' Pa. Rule of Civil Procedure 1920.42 setting forth the requirements for a Section 3301(c) divorce, provides in pertinent part: (b) The affidavit required by § 3301(c) of the Divorce Code must have been executed (1) ninety days or more after both filing and service of the complaint. The Rule has not been complied with. Danicllc P. Zoller, 609 B Geneva Drive, Apt. 27 Mechanicsburg, PA 17055 PLAINTIFF, V. lan J. Zoller, 2141 -A North John Russell Circle Elkins Park, PA 19027 DEFENDANT, (IN THE COURT OF COMMON PLEAS OF ( (CU MB ERLAN D COUNTY, PENNSYLVANIA ( (CIVIL DIVISION ( ( ( ( PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Kindly Transmit the Record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for Divorce: irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. Date and manner of service of the Complaint: on or about, Jgd//.4 71/~ , 200 via I~1 Personal Service ertified Mail. 3. Date of execution of the Affidavit of Consent/Consent Waiver re.qj~ired by Section 3101(c) of the l~ivorce Code' by Plaintiff ~/-4,~"/~- ~r'o/ , 200~_.; by Defendant 4. Related claims pending: None 5. The parties have entered into a written agreement resolving all issues pertaining to the marriage. The parties desire the agreement to be incorporated into the Divorce Decree. 6. Date and manner of service of Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached, if Decree is to be entered under Section 3301(d) of the Divorce Code. Not Applicable. Plaintiff, Danicllc P. Zollcr, Pro Se 609 B Geneva Drive, Apt. 27 Mechanicsburg, PA 17055 (717) 433-4033 I, Daniel le P. Zoll~r, certify that a copy of the foregoing document has been forwarded by US Mail, postage prepaid, on this date to the Defendant, lan J. Zoller, at his address of record. Daniellc P. Zollcr Danielle P. Zoller, 609 B Geneva Drive, Apt. 27 Mechanicsburg, PA 17055 PLAINTIFF, V. Ian J. Zoller, 421 Sixth Street, Apt. 2 New Cumberland, PA 17070 DEFENDANT, (IN THE COURT OF COMMON PLEAS OF ( (CUMBERLAND COUNTY, PENNSYLVANIA ( (CIVIL DIVISION ( (NO: ( ( ( NON-MILITARY AFFIDAVIT I, Danielle P. Zoller, do hereby certify that: 1. I am the Plaintiff in the above entitled civil action. 2. I am personally acquainted with Ian J. Zoller, Defendant herein, and I know that he resides at 421 Sixth Street, Apt. 2, New Cumberland, Pennsylvania, 17070, and that he is employed by UPS. I have seen the Defendant on an average of ~ times during the pendency of this action. 3. The Defendant is not in the Military Service of the United States. 4. I certify that the statements made by me in the foregoing Certification are tree. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. Date: 7/'~/~// Da~ni~el~ ~ ~/~-~ _~ · Zoller, Pro Se I, Danielle P. Zoller, certify that a copy of the foregoing Non-Military Affidavit has been forwarded on this date by US Mail, postage prepaid, to the Defendant, Ian J. Zoller, at his address of record. Danielle P. Zoller Daniellc P. Zollcr, 609 B Geneva Drive, Apt. 27 Mechanicsburg, PA 17055 PLAINTIFF, ¥. lan J. Zoller, 214 I-A North John Russell Circle Elkins Park, PA 19027 DEFENDANT, (IN THE COURT OF COMMON PLEAS OF ( (CUM BERLAN D COUNTY, PENNSYLVANIA ( (CIVIL DIVISION ( (NO: ( ( ( NOTICE OF INTENT TO FILE PRAECIPE TO TRANSMIT To. lan J. Zollcr: You are hereby given notice that five days following the mailing of this notice, a Praecipe to Transmit Record, together with a proposed Final Decree in Divorce, will be filed in this matter with the Appointment Clerk's Office, 1 Courthouse Square, Carlisle, PA, 17013. Exact copies of the Praecipe and the proposed Final Decree in Divorce are enclosed herewith. After the Praecipe and proposed Final Decree in Divorce are filed, you will have a period of ten days during which you may file objections to the entry of the Final Decree in Divorce based upon this Praecipe. If you dispute any of the information on the Praecipe or Final Decree in Divorce, you must act within that ten-day period. Any objections must be filed in writing with the Appointment Clerk's Office, I Courthouse Squarc, Carlislc, PA, 17013. If no objections are filed before the expiration of the ten-day period, this case will be submitted to the Court for entry Date: Danielle P. Zollcr, Plaintiff, Pro Se 609 B Geneva Drive, Apt. 27 Mechanicsburg, Petmsylvania 17055 (717) 433-4033 Danielle P. Zoller, 609 B Geneva Drive, Apt. 27 Mechanicsburg, PA 17055 PLAINTIFF, V. Ian J. Zoller, 2141-A North John Russell Circle Elkins Park, PA 19027 (IN THE COURT OF COMMON PLEAS OF ( (CUMBERLAND COUNTY, PENNSYLVANIA ( (CIVIL DIVISION ( c o: 2oo+- o 30 3 ( DEFENDANT, ( AFFIDAVIT OF CONSENT A complaint ~TDivorce und~ Section 3301(c) of the Divorce Code was filed on Jt4 ,200 . The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. I consent to the entry of a final decree of Divorce without further notice permitted by Rule 1920.42(e) by my Waiver of Notice of Intention to Request Entry of a Divorce Decree Under Section 3301 (c) of the Divorce Code. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date:lo-~0-Oc/ ~3~ ~'~4 J Defendant, I~r~J. Zoller, Pro Se I, lan J. Zoller, certify that a copy of the foregoing Affidavit of Consent was forwarded by US Mail, postage prepaid, on this date, to the Plaintiff, Danielle P. Zoller, at her address of record. Date: /0-30-Oq ~~-* ~ lan J. Zollerd Danie}lc P. Zoller, 609 B Geneva Drive, Apt. 27 Mcchanicsburg, PA 17055 PLAINTIFF, V. lan J. Zoller, 2141-A North John Russell Circle Elkins Park, PA 19027 (IN THE COURT OF COMMON PLEAS OF ( (CUM BERLAN D COUNTY, PENNSYLVANIA ( (CIVIL DIVISION ( o DEFENDANT, ( AFFIDAVIT OF CONSENT A 5orrjplaint,~ Divorce und, e~' Section 3301(c) of the Divorce Code was filed on ,200g:. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. o I consent to the entry of a final decree of Divorce without further notice permitted by Rule 1920.42(e) by my Waiver of Notice of Intention to Request Entry of a Divorce Decree Under Section 3301(c) of the Divorce Code. I verify that the statements made in this affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Date: / 1//~/~ ~ /~J~-.d2,t_ ~ Y-~~ Plaintiff, Danielle P. Zoller, Pro Se I, Danielle P. Zollcr, certify that a copy of the foregoing Affidavit of Consent was forwarded by US Mail, postage prepaid, on this date, to the Defendant, lan J. Zoller, at his address of record. Date: ~[~ ~ "[,Jlo~ ,~q~lcllc P. Zoller6~' Danielle P. Zoller, 609 B Geneva Drive, Apt. 27 Mechanicsburg, PA 17055 PLAINTIFF, V. lan J. Zoller, 214 I-A North John Russell Circle Elkins Park, PA 19027 DEFENDANT, (1N THE COURT OF COMMON PLEAS OF ( (CUMBERLAND COUNTY, PENNSYLVANIA ( (CIVIL DIVISION ( c o: 2 4-o33o y ( ( ( WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF TItE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. I understand that I will not be divorced until a divorce decree is entered by the Court and a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: ,/ Plaintiff, Danielle P. Zoller, Pro Se I, Danielle P. Zoller, certify that a copy of the foregoing Waiver was forwarded by US Mail, postage prepaid, on this date, to the Defendant, lan J. Zollcr, at his address of record. Daniellc P. Zoller Danielle P. Zoller, 609 B Geneva Drive, Apt. 27 Mechanicsburg, PA 17055 PLAINTIFF, V. Ian J. Zoller, 2141 -A North John Russell Circle Elkins Park, PA 19027 DEFENDANT, (IN THE COURT OF COMMON PLEAS OF ( (CUMBERLAND COUNTY, PENNSYLVANIA ( (CIVIL DIVISION ( zooq -' o : 3o3 ( ( ( WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. I understand that I will not be divorced until a divorce decree is entered by the Court and a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Date: tO- 'gO- Oq Defendant' 'k"~~ Se~ler, Pro I, lan J. Zoller, certify that a copy of the foregoing Waiver was forwarded by US Mail, postage prepaid, on this date, to the Plaintiff, Danielle P. Zoller, at her address of record. Date: ]O-RO-oq '~~--~~r.,._. _ lan J. Zol~ Daniclle P. Zoller, 609 B Geneva Drive, Apt. 27 Mechanicsburg, PA 17055 PLAINTIFF, V. lan J. Zoller, 2141-A North John Russell Circle Elkins Park, PA 19027 DEFENDANT, (IN THE COURT OF COMMON PLEAS OF ( (CU MBERLAN D COUNTY, PENNSYLVANIA ( (CIVIL DIVISION ( (NO: ? 00q- - ( ( ( PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Kindly Transmit the Record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for Divorce: irretrievable breakdown under Section 3301 (c) of the Divorce Code. 200__~v5; Date and manner of s,~orvice of the Complaint: on or about J~IL~ ~""l"~'v D Personal Service ~.Certified Mail. 3. Date of execution of the Affidavit of Consent/Consent Waiver required by Section 3301(c) of the Di.vorce Code~ by Plaintiff j~tgt'~/IT/Y~" ,2/ntt , 200_4~; by Defendant o,u ,200 . 4. Related claims pending: None 5. The parties have entered into a written agreement resolving all issues pertaining to the marriage. The parties desire the agreement to be incorporated into the Divorce Decree. 6. Date and manner of service of Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached, if Decree is to be entered under Section 3301(d) of the Divorce Code. Not Applicable. ~/~t~l~ ¢. i~-~d_ Plaintiff, Danielle P. Zoller, Pro Se 609 B Geneva Drive, Apt. 27 Mechanicsburg, PA 17055 (717) 433-4033 I, Danielle P. Zoller, certify that a copy of the foregoing document has been forwarded by US Mail, postage prepaid, on this date to the Defendant. lan J. Zoller, at his address of record. IN THE COURT OF COMMON DANIELLE P. OF CUMBERLAND COUNTY STAT E O F '~~~~ ZOLLER, ~ ~v~ PLAINTIFF NO. PENNA. 04-3303 PLEAS CIVIL TERM 1AN J. VERSUS ZOLLER, DEFENDANT DECREE IN DIVORCE AND NOW, NOVEMBER 5 2004 , DANIELLE P. ZOLLER DECREED THAT IAN J. ZOLLER , IT IS ORDERED AND PLAINTIFF, AND , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; ATTEST: